Actually I used STV and the BBC, who are of course totally MRA sites. Do you have a source somewhere that supplies more information than the BBC and STV articles on the case, or am I missing something besides the victim testimony and "clearly damaged"?evilthecat said:Juries make mistakes, which is why it's not always a good idea to ask for trial by jury. In the Grieg case, it seems pretty likely that they didn't make a mistake. There are dodgy elements, but there was a stronger case against him than you're making out. Maybe don't get your information from MRA sites.Schadrach said:Right, no one ever gets convicted based on an accusation and little to nothing else, not even say Paul Greig in Ireland, or Brian Banks for a recent US example, and no one only escapes by having a mountain of exculpatory evidence because they happened to be in the right places at the right time like Louis Gonzales (who got off primarily because his location was only unaccounted for for 6 minutes out of the entire day), right?
A black man facing a rape charge, why ever would he go for a plea deal against a crime in which victim testimony only is frequently enough for a conviction in a justice system where both conviction and sentencing are biased against both blacks and men (it's actually better to be a black woman than a white man when it comes to sentencing)?evilthecat said:Brian Banks pleaded guilty. He wasn't found guilty, he wasn't convicted on the basis of evidence. He was accused, and he pleaded guilty. The justice system cannot find you innocent if you plead guilty.
Really? The main reason he wasn't convicted is because it was shown to be physically impossible for him to committed the crime (the utter lack of physical evidence that he had committed the crime didn't seem to be an issue to the prosecution after all, so they at least felt they had a decent chance using only victim testimony).evilthecat said:There's no evidence that Louis Gonzales' case would have been found either way. It's empty speculation to claim otherwise. If you're saying it's bad because he shouldn't have been arrested, perhaps bear in mind that a woman was actually raped and tortured in that case. Yeah, I don't think she's doing as well as he is.
As for Tracy West, wasn't there some evidence that suggested she may have set it up (for example, that she researched the knots used to tie her beforehand)? Of course, I can totally accept that "This specific man, my ex, did this to me in this narrow time frame because I was at this specific point in my schedule when it happened (at least until revealed he couldn't possibly have done it then, in which case I was mistaken about the time, and it could have happened at any point between when he got off the plane and when I was found). He brought with him a rape toolkit that he used in order to remove or destroy all possible physical evidence that this ever happened (including mittens so she couldn't scratch him, gloves and coveralls for himself, and so on), and he used a clothes hanger to perpetrate the attack that he also removed and destroyed without a trace along with the kit, so don't be surprised when there's absolutely no evidence that he did it, or any physical proof that anyone unusual was even here. He also did this in a fashion that bears none of the medical markers of this type of assault. You can find him over there, waiting to pick up our child for his side of our custody agreement that I've been doing everything else in my power to prevent."
To quote the LA Times (totally an MRA site) article on this case:
Of course, Gonzales was completely unaffected by his nearly three months in jail, and narrowly avoiding a lengthy sentence for a crime he didn't commit solely through having a very thorough alibi:As the custody battle staggered on, hearing by hearing, Las Vegas family court Judge Bill Henderson wrestled aloud with the implications of the criminal case. He didn't believe Gonzalez attacked West. But must he conclude, he asked, that she made it all up? Perhaps someone else attacked her?
No, testified John Paglini, the court-appointed psychologist who had interviewed West four times: Either Gonzalez attacked her, or she lied.
"She could have said, 'On Feb. 1st I was attacked by somebody, I don't know who it was,' but she picked this guy out, and she was very definite," Paglini told the court. "It couldn't be somebody else. She said, 'I heard his voice, I saw his face.'"
Asked about the events of that day during a deposition, West invoked her 5th Amendment right against self-incrimination.
What if he had grabbed breakfast in Las Vegas before boarding his flight? He wouldn't have needed that bagel in Simi Valley, so he wouldn't have gone to the bank for cash, and wouldn't have been caught on security cameras.
His alibi evaporates and he's in prison for life.
At the end of the day his mind automatically replays his movements, hour by hour, because it was his ability to do that that saved him. After his release he developed the habit of meticulously documenting his whereabouts, eliminating time gaps that might leave him vulnerable.
If he's in an airport or a 7-Eleven, he makes sure the surveillance cameras get a good look at his face. Anytime he can swipe his credit card and sign his name, even to buy a pack of gum, he does it. He fills his wallet with receipts and the world with a conspicuous trail.
He feels most vulnerable when he is asleep, when, for six or eight hours a night, no cameras are watching, no witnesses are marking his presence, and no one but Louis Gonzalez III can say with certainty where he is.
So, you're fine with it so long as accusing someone specific and known to you of a crime they didn't commit isn't falsely accusing them unless there exists hard physical proof that no crime occurred at all (go proving a negative!)? Or only if that crime is rape? Is it reasonable to at least consider the possibility, in cases in which the accused was known to the accuser, named by the accuser as the perpetrator, and a motive exists as to why they might choose to lie, that it might actually be a lie?evilthecat said:No.Schadrach said:Your answer to it being difficult to get a conviction against the standard "beyond a reasonable doubt" if there's no evidence that the accused is the perpetrator, or in some cases no evidence that a crime occurred at all beyond the accusation of the victim is to make it virtually impossible to defend yourself instead?
It would be nice if we could stop punishing women for coming forward with rape cases. It would be nice if we could stop convicting them for perverting the course of justice as soon as they fail to act like a robot. It would be nice if we didn't just dump them back on the street or, more likely, ask them to move back in with the person who they allege has raped them when they inevitably failed to secure a conviction.
Basically, I have no problem with the standards as long as we accept them for what they actually are, an assessment of whether there is enough evidence to convict someone of rape, rather than as a genuine assessment of whether an actual rape has occurred. The tragedy is how many people are going through the awful meat grinder that is a rape trial and are either coming away with nothing or actually being punished for coming forward.
Name legal reforms you would feel are appropriate. Do these impugn upon the rights of the accused, which are generally there for very good reasons? Do they function to make it dramatically easier to convict someone of a heinous crime on little to nothing showing that the alleged perpetrator committed the crime beside an accusation, and the inability of the accused to prove a negative? What about reforms to protect persons from false accusations (such as giving them similar protections from the media as alleged victims, until such time as the accused is convicted, rather than perp walks)?evilthecat said:I will never understand why you people are so obsessed with shutting down any kind of legal reform. I can only assume it's some misguided "boys versus girls" bullshit.
Do you believe Greig would have fared better had it not been a jury trial?evilthecat said:I wouldn't have asked for a trial by jury.Imagine for a moment that Paul Greig is innocent (just Google Paul Greig rape for info). How would you defend yourself?
I would have actually defended myself and not accepted a plea bargain.Imagine for a second you are Brian Banks. How should you have been able to defend yourself from that accusation?
Re: Banks; For a social justice-y person, you really don't seem to get that both conviction and sentencing are both slanted strongly against blacks and men. As a black man, knowing this, a plea bargain looks good when faced with the truth, which is that they'd doll Wanetta up to look as innocent, sweet, and harmless as possible, rehearse her testimony to make sure she'll deliver it in a fashion that will tug on a jury's heartstrings, and your only real defense is "Yes, I went in there with her alone and we made out. No, I didn't do the things she's saying I did to her. No, I really *can't* prove it, because no one saw us alone in there, and I wasn't recording it or anything." The only thing that would have made it worse is if she were an attractive white girl. Let me put it this way: Had Banks taken it to trial, how would he have defended himself?
In a previous thread you got onto me for assuming the current standard of evidence for criminal trials, because you claimed it was something that is commonly fought against, and you seemed to be in approval of. Sorry.evilthecat said:Firstly, I'm not advocating lowered standards. Would you stop assuming that.Schadrach said:Would your desire for lowered standards apply to "not rape" cases where a woman forces herself sexually on a man?
Current FBI definition:evilthecat said:I don't know what the fuck is wrong with straight men that you honestly think penetrating someone and being penetrated are remotely the same thing. All I'm going to say is try it. Seriously, fucking try it.
What you're describing is a crime, in the UK it would be called "causing a person to engage in sexual activity without consent" and can result in a prison term longer than the average rape sentence if it is felt that the crime is serious or malicious enough, but it is not rape. Rape is not just whatever you arbitrarily think qualifies as "sex", it is the act of forcibly penetrating someone, which is entirely different.
This applies to women as much as men. Forcible cunnilingus is not rape either, it's a different crime, while penetrating someone anally with an object is either rape or the functionally identical crime of "assault by penetration", depending on your precise legal framework.
By the FBI definition, forcible cunnilingus can potentially count. Depending on whether or not you read that definition to require that the victim is the one being penetrated, it may also encompass "made to penetrate", though that is more questionable. The beauty of the way the topic is usually discussed is that men and women are currently subject to similar rates of sexual violence, the most common form in both cases involves forced sexual intercourse, and like the general populous, the majority of it is heterosexual. The net result being intentionally not counting the most common forms of sexual violence used against men, and then claiming it as proof that it's a gendered problem.?Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.?
You cheated. I said if falsely accused, implying that you already didn't rape someone. This can include cases where no sex actually occurred, or where there seemingly was consent, but afterward an accusation was made and the accused is claiming there wasn't consent and you didn't do whatever you did to try to establish consent.evilthecat said:To have not committed the crime, obviously.Schadrach said:Most importantly, what should be the due diligence a man in your world (and presumably not women because they only commit "not rape") should have to go through in order to defend himself if falsely accused?
Under the definition of rape, if you don't believe that you have committed rape and your belief is reasonable, then you have not committed rape (unless you're having sex with a child, so don't do that either). This means that as long as you take basic measures to establish consent, you will never be at risk of being a rapist.
That is not much to ask.
Let me repeat it, assuming a world in which every legal "reform" you want regarding rape is taken and a woman willing to engage in deceit, how do you defend yourself from a false accusation of rape? What steps should you have to go through to protect yourself from a false accusation?
Again, without trying to evade the question by saying that the best way to avoid a false accusation is to not commit the crime (which is assumed in the phrase "false accusation", otherwise it wouldn't be "false").evilthecat said:Do you not?Schadrach said:Do you think that it's a reasonable requirement to place on men? If you are a man (and I have no idea) do you currently engage in this?
Fucking hell.